In an academic study of nearly 500 divorces it was concluded that defended divorce cases are principally triggered by divorce law itself. To appreciate the significance of this, try saying that crime is caused by criminal law itself with a straight face! This is a function of the so-called fault-based divorce system in English law, although 2 Grounds for Divorce (‘2 years with consent’ and ‘5 years separation’) are not based upon ‘fault’. English divorce law is ‘way out of step’ with most other European jurisdictions and North America, says the study.
It should not come as a surprise that warring couples welcome the opportunity to ‘point the finger’ at each other. 3 of the Grounds for Divorce allows them to do just that. Adultery, Unreasonable Behaviour and to a lesser extent Desertion, all require a ‘good guy’ and a ‘bad guy’. According to the study, this forces separating couples into unnecessary and unproductive courtroom battles, to establish who is ‘at fault’ for the breakdown. This seems an odd way to go about things, given that people falling in and out of love is just a fact of life. If the former does not need someone blame, why should the latter?
Whilst all is fair in love and war, the divorce blame game only produces losers!
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